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Subject: Board Exculpation
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Author Messages
SueB9
(Alaska)

Posts:14


09/03/2020 4:31 PM  
The current board is repairing T1-11 siding sections and leaks involved in years of deferred maintenance on all the buildings within the project, which is defined as an association responsibility under exterior building maintenance in the Declarations . We received a letter from a townhome who was told 7 years prior, by a different group of board members, that the leaks around their window trim and T1-11 siding was their responsibility to fix. After several months of discussions, the owner paid to have leaks fixed on their own dime.
Now they sent a letter to the new board stating that since the board has now made an effort to fix all this deferred maintenance with owner dues assessments, why are they not being reimbursed for the money they spent 7 years ago? The Bylaws covers directors and officers for liability for acts or defaults of prior board members... How would you respond to such a sensitive issue?
MelissaP1
(Alabama)

Posts:9533


09/03/2020 4:41 PM  
You know what I say? That this person doesn't get reimbursed what they paid but at the rate the work is being done today. It's only fair that way. Why? If they had waited this would be the cost. Plus this is the expense the HOA has agreed the job is worth. There most likely was not an agreement on that aspect when owner did it.

So I would tell the owner they get reimbursed at the rate of the current job. Which keep in mind is most likely the "group" rate versus individual.

Former HOA President
GenoS
(Florida)

Posts:4066


09/03/2020 5:11 PM  
How to respond? Don't. 7 years after-the-fact is kind of too late to complain. The owner who paid 7 years ago should have put up more of a stink back then. That old board made a mistake. Move ahead. I mean, even if someone sues there's bound to be some kind of a statute of limitations in place somewhere that would preclude bringing a suit now.
AugustinD


Posts:3900


09/03/2020 5:46 PM  
-- Do the owners who are complaining have receipts for the work done?

-- Unadjusted for inflation, how much money are we talking about?

-- Do your governing documents have anything in them about owners proceeding with a repair 'of their own volition' (that is, without going to court to get the HOA to pay)?

-- How well documented is the former board's refusal to pay for the repair?
SheliaH
(Indiana)

Posts:3460


09/04/2020 5:04 AM  
I agree with Geno.
CathyA3
(Ohio)

Posts:1235


09/04/2020 5:11 AM  
Just one caveat for Sue: take a close look at your CC&Rs and at the definition of "unit".

Many condo boards are aware that the association is responsible for "exterior maintenance" but they don't look hard enough at exactly what that involves. According to my CC&Rs, the windows are part of the unit and thus the homeowner's responsibility if there is a problem with them. Other condo associations define it differently, which is why you need to do a close reading of the CC&Rs.
SueB9
(Alaska)

Posts:14


09/04/2020 4:48 PM  
You can't put off leaks, so owner had no choice but to get it fixed 6 years ago, and could not wait.
GenoS
(Florida)

Posts:4066


09/04/2020 8:43 PM  
Posted By SueB9 on 09/04/2020 4:48 PM
You can't put off leaks, so owner had no choice but to get it fixed 6 years ago, and could not wait.

That's fine, but the determination as to who was actually obligated to pay for it should have been investigated further. I think the owner should have paid initially, especially if it was an emergency and the board was ignoring its obligation, and immediately gone after the association for reimbusement.
GeorgeS21
(Florida)

Posts:3113


09/05/2020 6:53 AM  
Once it is formally determined - and, if it is determined that responsibility lies with association, then I like Melissa's answer.
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